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1
Feinerer, Ingo, and Kurt Hornik. "Text Mining of Supreme Administrative Court Jurisdictions." Department of Statistics and Mathematics, WU Vienna University of Economics and Business, 2007. http://epub.wu.ac.at/152/1/document.pdf.
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Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Austrian supreme administrative court jurisdictions concerning dues and taxes. We analyze the law corpora using R with the new text mining package tm. Applications include clustering the jurisdiction documents into groups modeling tax classes (like income or value-added tax) and identifying jurisdiction properties. The findings are compared to results obtained by law experts.Series: Research Report Series / Department of Statistics and Mathematics
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Shany, Yuval. "The competing jurisdictions of international courts and tribunals /." Oxford [u.a.] : Oxford Univ. Press, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/357744225.pdf.
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Shany, Yuval. "The competing jurisdictions of international courts and tribunals /." Oxford [u.a.] : Oxford Univ. Press, 2005. http://www.loc.gov/catdir/enhancements/fy0615/2003269741-d.html.
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Lindemann, Lena [Verfasser]. "Referral of Cases from International to National Criminal Jurisdictions : Transferring Cases from the ICTY and the ICTR to National Jurisdictions / Lena Lindemann." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2013. http://d-nb.info/1110056044/34.
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Frazzano, Tracy L. "Local jurisdictions and active shooters : building networks, building capacities." Thesis, Monterey, California. Naval Postgraduate School, 2010. http://hdl.handle.net/10945/4997.
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CHDS State/LocalApproved for public release; distribution is unlimited
States incidents (Columbine High School shooting (April 20, 1999) and North Hollywood Bank shoot out (February 28, 1997) were studied. Individuals from the U.S. cases were interviewed to explore information not necessarily documented. Data from the case studies and interviews were collated and reviewed for common themes. These themes were analyzed to draw conclusions on how smaller jurisdictions should proceed in building capacities to deal with active shooter scenarios. Findings suggest that smaller jurisdictions can build capacities by creating a megacommunity within local law enforcement. This includes developing systems to share smart practices, training for small unit attacks, and creating multi-jurisdictional interoperability standards.
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Mccarthy, Kevin Carl. "Federal Neighborhood Stabilization Policy Deployment in Select Florida Jurisdictions." Scholar Commons, 2012. http://scholarcommons.usf.edu/etd/4150.
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In 2008 the Federal government enacted a Neighborhood Stabilization Program (NSP) to address the neighborhood effects of the late-2000s foreclosure crisis. Congress subsequently funded a second and third NSP. This research employs mixed methods to examine the effectiveness of the first round of the NSP in three Florida jurisdictions. The results are analyzed within the larger context of substantive housing theory and federal housing policy. The success of the program is evaluated using a mixed-scanning procedural planning theoretical framework.
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Murphy, Dale Dennis. "Open economies and regulations : convergence and competition among jurisdictions." Thesis, Massachusetts Institute of Technology, 1995. http://hdl.handle.net/1721.1/11373.
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YUEN, Kelly Grani. "Client importance and audit quality in highly connected jurisdictions." Digital Commons @ Lingnan University, 2016. https://commons.ln.edu.hk/acct_etd/22.
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The study focuses on the audit quality issue in three culturally and commercially highly connected jurisdictions with very different legal systems which affect auditors. Hong Kong practices common law, Taiwan practices civil law, and the People’s Republic of China (Mainland China) practices a socialist legal system. Taiwan adopts a civil law system with heavy influence by common law countries. It is therefore motivating to assess how auditors in each of the three connected jurisdictions with distinctive legal environments handle the audit quality for important clients. Accounting scandals and auditing frauds are perceived to be driven by aggressive companies and misrepresentation of audit reports. However, a locale’s legal system and law enforcements should affect the services auditors provide to their clients, particularly ‘important’ clients. I find that in all three jurisdictions, the more important the client to its auditor, the lower the audit quality as measured by restatement of financial statements. However, I find mixed results when using other measures of audit quality.
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Miller, Craig G. "The case for the extension of United States extraterritorial criminal jurisdiction over civilians associated with the United States military in foreign jurisdictions /." (Requires Adobe Acrobat Reader), 2001. http://handle.dtic.mil/100.2/ADA395152.
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Narmania, David. "Rights of local jurisdictions and tax revenue distribution in Georgia." Universität Potsdam, 2007. http://opus.kobv.de/ubp/volltexte/2008/1876/.
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This paper describes the administrative powers of local jurisdictions in Georgia, emphasizing on the tax competences and the abilities to mobilize other sources of income. Having listed and explained the types of revenues and incomes, the articles continues to show their distribution among administrative levels according to the current tax code. Following a brief overview of the main laws underlying tax regulation, the existing problems of the status quo before 2007 and some perspectives for the immediate future are outlined.
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Slevinsky, Richard A. "Current issues in Alberta's francophone school jurisdictions, educational leaders' understandings." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/nq23072.pdf.
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Funk, Antje Elisabeth Margarete. "Criminal liability of Internet providers in Germany and other jurisdictions." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/70134.
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Thesis (LLM)--Stellenbosch University, 2004ENGLISH ABSTRACT: This thesis deals with the criminal liability of Internet providers. The focus is on Germany, but the analysis is put in a wider, comparative context. This is done with reference to South Africa, as well as Europe and the American system. This thesis demonstrates and discusses the existing legal norms to regulate Internet provider liability for illegal content on the Internet and the international efforts to deal with this issue. In the introduction it is shown how the Internet has given rise to a new form of global communication and the accompanying legal problems. This is followed by an examination of the different functions Internet providers have. A survey of some of the important crimes affecting the Internet and also some Internet-specific offences put the more general issue of liability in a more specific context. Traditional and new forms of crimes are discussed. This section is followed by an analysis of Internet provider liability under German criminal law and Germany's Teleservices Act. From an international criminal law perspective some international instruments, like the Cybercrime Convention of the Council of Europe, is discussed. National legislation, especially in the context of the European Union, must always be put in the proper regional and international context. The thesis concludes with some thoughts on alternative, or perhaps complementary, methods to fight illegal and criminal conduct on the Internet. This is done not as a critique of the responses to Internet crime, but rather to strengthen the many hands trying to reduce Internet crime.
AFRIKAANSE OPSOMMING: Hierdie tesis handeloor die strafregtelike aanspreekliheid van Internet diensverskaffers. Die fokus val op Duitsland, maar die analise word ook geplaas in 'n wyer, vergelykende konteks. Dit word gedoen met verwysing na Suid-Afrika, sowel as Europa en die VSA. Die tesis demonstreer en bespreek die bestaande regsnorme wat Internet diensverskaffers reguleer met spesifieke verwysing na aanspreeklikheid vir onwettige inhoud op die Internet en internasionale pogings om hierdie probleem aan te spreek. Ter inleiding word daar aangetoon hoe die Internet aanleiding gee tot nuwe vorme van globale kommunikasie en die regsprobleme wat dit tot gevolg het. Dit word gevolg deur 'n ondersoek na die verskillende funksies van Internet verskaffers. 'n Ontleding en bespreking van Internet-spesifieke misdrywe plaas die meer algemene vraagstuk in 'n meer gefokusde konteks. Tradisionele en nuwe vorme van misdaad word bespreek. Hierdie afdeling word gevolg deur 'n ontleding van Internet diensverskaffer aanspreeklikheid ingevolge Duitse reg en die Duitse wetgewing op die terrein van telediens. Uit 'n internasionale strafreg oogpunt word sekere internasionale instrumente, soos die Cybercrime Convention van die Raad van Europa, bespreek. Nasionale wetgewing, veral in die konteks van die Europese Unie, word ook in die relevante regionale en internasionale konteks geplaas. Die tesis word afgesluit met sekere gedagtes oor alternatiewe, of moontlik komplimentêre, metodes in die stryd teen Internet-kriminaliteit. Dit moet nie gesien word as kritiek op die huidige stand van sake nie, maar eerder as 'n poging om die talle rolspelers in die stryd teen Internet misdaad se hande te sterk.
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Shany, Yuval. "Competing jurisdictions of international courts and tribunals : which rules govern?" Thesis, SOAS, University of London, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.246905.
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Odynski, Shirley Lynn. "Pioneering participatory governance, networks of school councils in two Alberta school jurisdictions." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape3/PQDD_0011/MQ60077.pdf.
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Glinton, Jr Vaughn. "Southern Honor: An Analysis of Stand Your Ground Law in Southern Jurisdictions." Honors in the Major Thesis, University of Central Florida, 2013. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1542.
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In 2005, Florida became the first state to pass the heavily National Rifle Association, NRA, supported “Stand Your Ground” law. The most notable components of the law were abolishing the duty to retreat for someone who is not engaged in lawful activity and is in a place where he has the right to be, granting civil and criminal immunity to those using lawful force, and presuming that a person who is attacked in his dwelling, residence, and occupied vehicle has a reasonable fear of death or great bodily harm. The law was subject to a substantial amount of criticism because it was a significant departure from Florida’s more than a century old common law principles regarding self-defense. Possibly due to Florida not having any precedents for these cases, Florida courts would have conflicting decisions in these matters and law enforcement agencies would enforce the law differently in similar incidents. Regardless of the issues faced by Florida, over twenty states would adopt their own versions. A significant number of these states are in the Southeastern region of the United States and are neighbors to Florida or border Florida’s neighbors, such as Mississippi, Alabama, Georgia, North Carolina, South Carolina, Tennessee, and Louisiana. Because of this interesting pattern, the study examines the idea of southern culture playing a role in the passage of “Stand Your Ground” via the “Culture of Honor” theory and the researcher decided to use these jurisdictions and Florida as this study’s sample. The researcher also wanted to include these jurisdictions because the existing “Stand Your Ground” literature mainly focuses on Florida and the researcher wanted to add something new to the discussion. The intent of this study to examine Florida’s influence on the other jurisdictions, note any commonalties between the statutes of the jurisdictions, compare justifiable homicide statistics for the jurisdictions that provided such data, predict the future of these laws, and explore the “Culture of Honor” Theory as a possible explanation for “Stand Your Ground” laws in the states discussed. The study accomplished these goals by examining how each jurisdiction handled self-defense before “Stand Your Ground,” looking at the motives behind the jurisdictions adopting “Stand Your Ground,” comparing justifiable homicides in the four jurisdictions that provided them in the years immediate preceding the passage of “Stand Your Ground” to the subsequent years, and looking at amendments and proposals that were presented after the passage of “Stand Your Ground.” The results uncovered that all the jurisdictions, except for Georgia and Tennessee, show a very strong Florida influence based on their similarities to Florida’s law and legislators in the jurisdictions clearly mentioning Florida as their inspiration for proposing their own versions. In the jurisdictions that provided justifiable homicides, all showed an increase in the number of justifiable homicides after the passage of “Stand Your Ground.” The jurisdictions in this study have also shown a strong resistance to any amendments or the complete repeal of this law. Therefore, any drastic amendment or the complete repeal seems unlikely in the future. The “Culture of Honor” Theory does explain why a few of the jurisdictions in the study adopted “Stand Your Ground” but Florida and the NRA’s influence explain why others chose this course of action.B.S.
Bachelors
Health and Public Affairs
Legal Studies
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Al-Rushoud, Ahmad Hamad. "Delivering risks and keys in international sales : a survey of four jurisdictions." Thesis, University of Southampton, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388420.
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Zvinakis, Kristina. "Taxation, jurisdictions, and firm behavior : an empirical investigation of hazardous-waste taxes /." Digital version accessible at:, 1998. http://wwwlib.umi.com/cr/utexas/main.
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Kennard, Douglas B. "Adequacy of public services in rural jurisdictions as perceived by local officials /." The Ohio State University, 1987. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487327695622374.
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Salvino, Robert Francis. "Home Rule, Selectivity, and Overlapping Jurisdictions: Effects on State and Local Government Size." Digital Archive @ GSU, 2008. http://digitalarchive.gsu.edu/econ_diss/46.
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Home rule power gives local governments greater authority to obtain and manage fiscal resources and determine the distribution and extent of public services. By design, this authority alters government outcomes. The vast decentralization and local government structure literature examining horizontal and vertical competition demonstrates the complexity of predicting the effect of home rule on government sector size. Adding to the complexity, home rule is fundamentally distinct from decentralization. Home rule power gives local governments greater fiscal, structural, and functional authority, while state governments may retain partial authority. This can result in duplication of revenue generation and service provision. Under the leviathan hypothesis direct and indirect constitutional constraints are necessary to control government expansion. State restrictions on home rule authority may serve as a form of direct constitutional constraint that has been overlooked in the economic literature. This dissertation uses 1990 and 2000 Census data to empirically test home rule and other institutional factors’ effects on government size. The results of the studies in this dissertation confirm that home rule relaxes a constraint on government size, finding that home rule states tend to have larger government sectors. The empirical evidence supporting the role of institutions in public sector performance is a primary contribution of this dissertation
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Salvino, Robert Francis. "Home rule, selectivity, and overlapping jurisdictions effects on state and local government size /." unrestricted, 2007. http://etd.gsu.edu/theses/available/etd-11282007-112153/.
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Thesis (Ph. D.)--Georgia State University, 2007.Title from file title page. Geoffrey K. Turnbull, committee chair; Christine H. Roch, Douglas J. Krupka, James R. Alm, committee members. Electronic text (182 p. : ill.) : digital, PDF file. Description based on contents viewed June 24, 2008. Includes bibliographical references (p. 177-181).
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Moon, John Oxley. "Managing jurisdictions at Canterbury Cathedral Priory in the High Middle Ages 1285-1331." Thesis, University of Kent, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.594236.
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This thesis examines the management of the spiritual jurisdiction of Canterbury Cathedral Priory [Christ Church] by Prior Henry ofEastry during his forty-six year priorate from 1285- 133 1. A significant quantity of extant documents remains from this period including registers, charters, papal letters and royal writs, which owe much to the foresight of Prior Easay's reorganisation. These extant documents also contain letters, which relate to Christ Church possessions in France. This combination of English and French documents provides a rare opportunity to analyse how Christ Church managed its jurisdiction at both a national and intemationallevel. This thesis asks two fimdamental questions: what was the scope of the spiritual jurisdiction at Christ Church and how did Prior Eastry's policies contribute to the extension of this jurisdiction from a national to an international level. The extant sources show Prior Eastry's awareness of the political siruation in late thirteenth century England and the actions he took to preserve the authority and uniqueness of Canterbury. Ensuring that no precedents were established over Christ Church was not only a policy of Prior Eastry and Canterbury Cathedral Priory in the late thirteenth and early fourteenth century but had consumed the attentions of priors from the time of Archbishop Lanfranc. Canterbury Cathedral Priory's uniqueness not only derived from its rights to elect the archbishop of Canterbury and the primacy of the local ordinary over York but also from the Cult of St. Thomas that pervaded the whole of the Latin Church. This thesis will show how this unique combination of factors was used by Prior Eastry to appropriate the meaning of 'the Church of Canterbury' and extend Christ Church's jurisdiction to an intemationallevel. 11
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Finch, Andrew John. "Crime and marriage in three late medieval ecclesiastical jurisdictions : Cerisy, Rochester and Hereford." Thesis, University of York, 1988. http://etheses.whiterose.ac.uk/4237/.
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Christopoulos, Chris Jr. "The role of state and local jurisdictions in identifying and protecting critical infrastructure." Thesis, Monterey, California: Naval Postgraduate School, 2013. http://hdl.handle.net/10945/38902.
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CHDS State/LocalOver the last several years, the after effects of several major disasters have severely impacted state, local, and regional critical infrastructure. Research was conducted via an analysis of the National Infrastructure Protection program and a case study of the State of New Hampshire Critical Infrastructure Program to determine to what extent the federal criteria for identifying federal critical infrastructure and key resources apply to state and local identification of critical infrastructure and key resources. The analysis of the National Infrastructure Protection Plan and subsequent sector-specific plans indicates that there is no clear connection between the National Infrastructure Protection Plan and local government critical infrastructure and key resources protection and resiliency planning. Research also found that despite clear references to engaging state and local jurisdictions in planning, there was no evidence to support collaboration efforts between federal, state, and local jurisdictions.
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Yon, William Thompson. "Overlapping human rights jurisdictions in Europe: an application of constructivism to regional studies." Oberlin College Honors Theses / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1285871087.
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Garasky, Steven Brian. "Bureaucrat and voter strategies for determining public good expenditure levels by local jurisdictions." The Ohio State University, 1987. http://rave.ohiolink.edu/etdc/view?acc_num=osu1269536715.
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Kangur, Andreas. "Can rules of criminal evidence be devised that would be uniform across jurisdictions?" Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/6388/.
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The thesis focuses on comparative criminal evidence law and sets out to explore whether it is possible to devise rules of criminal evidence that would suit different jurisdictions. This work should be treated as an exploratory project as it aims to find a suitable approach and then test it using three different rubrics of evidence law – evidence of prior convictions, hearsay evidence and standard of proof. Those rubrics in six different jurisdictions will be examined. The thesis first discusses the mainstream dichotomous approach to comparative criminal procedure and evidence, concluding that the inquisitorial-adversarial distinction has by today lost much of its descriptive power and was never meant to be a normative model. Instead, the author finds that all Western style jurisdictions today are concerned with accurate fact-finding and in order to facilitate accurate fact-finding, should take into consideration the cognitive needs and abilities of fact-finders. Since for the most part human cognition is universally the same, this psychology-based approach can serve as a foundation for evaluating the evidentiary regulation – and unless some extra-epistemic factors prevail, should guide legislatures towards optimizing and unifying their evidentiary regulation. Based on the recent studies in legal psychology, the author offers recommendations that would be workable in all sample jurisdictions. This is in part possible because empirical research tends to debunk often-held beliefs about professional judges being far superior fact-finders immune from the cognitive biases and emotional appeal usually attributed to jurors.
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Szoke, Helen. "Social regulation,reproductive technology and the public interest : policy and process in pioneering jurisdictions /." Connect to thesis, 2004. http://eprints.unimelb.edu.au/archive/00002866.
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Kimpan, Patricia Cathleen. "Cross border workers' compensation and NAFTA analysis of coverage in American and Canadian jurisdictions /." Morgantown, W. Va. : [West Virginia University Libraries], 2002. http://etd.wvu.edu/templates/showETD.cfm?recnum=2526.
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Myers, Johnnie D. "African American women judges on courts of general and appellate jurisdictions: a descriptive analysis." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 1995. http://digitalcommons.auctr.edu/dissertations/3736.
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This is a study on African American women judges who serve on the general and appellate courts. This study addresses four questions: who and where they serve?; what were the recruitment and selections processes that netted the majority of these judges?; what are their attitude and perceptions of gender related issues?; and what were the barriers of those seeking the judiciary? This descriptive analysis is presented as a case study. The analysis is based on data collected from the universe of African American women judges and a random sample of non-African American women judges on these court levels. African American women judges have served less than five years. They reached the bench through an informal selection process at a younger age than their judicial counterparts. They serve in large cities where they are usually the only African American woman on their court and/or court level. They are Democrats and prescribe towards a liberal ideology, yet they do not consider themselves feminists. The gender issue is important, but the race issue supersedes. The research found few differences between black and white women judges
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Wheatle, Se-shauna Monique. "The impact of implied constitutional principles on fundamental rights adjudication in common law jurisdictions." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:e97b81cb-13f5-426c-8a94-59c3fc139055.
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This thesis explores the roles played by implied constitutional principles in fundamental rights cases in the common law jurisdictions of Canada, Australia, the Commonwealth Caribbean, and the United Kingdom. The two principles selected for this research are the separation of powers and the rule of law, both of which are relied upon in courts in common law states. The thesis examines the types of cases in which such principles are used, the possible reasons for the appeal of these principles, and the functions that they play in fundamental rights adjudication. The thesis begins with a brief discussion of the applications of the rule of law and the separation of powers, outlining the content of these principles as applied by the courts. However, the bulk of the analysis throughout the thesis is concerned with a thematic study of the functions played by the principles. It is argued that the principles are used as interpretative aids, as independent grounds for invalidating legislation, and as gateways to comparative legal analysis. The thesis ends by showing the necessary preliminary work that must be undertaken in order to engage in a thorough normative analysis of the use of implied principles in rights adjudication. Throughout the thesis, several themes are identified as key to our understanding of the functions played by implied principles in the cases discussed. One such theme is legitimization, specifically the role the principles play in the attempt to legitimize arguments, state institutions (particularly the courts), and the state itself. The theme of institutional self-protection also arises; it is evident in the use of principles to protect the jurisdictional sphere of the courts. The analysis of the operation of implied constitutional principles also highlights the legacy of Empire and the deployment of traditional principles to signal the maintenance of democratic traditions and institutions.
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Kotrba, Martin. "Comparison of managerial aspects of Corporate Governance within Groups of Companies in Selected Jurisdictions." Master's thesis, Vysoká škola ekonomická v Praze, 2015. http://www.nusl.cz/ntk/nusl-201991.
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One of the ways how to solve the agency problem is to align the managers and shareholders interests. Such concord can be achieved through an appropriate selection and set-up of remuneration policy for the top managers of companies. This thesis studies the compensation methods of five biggest corporations in each of the G7 countries and then further analyses the outcomes of the research using statistical and descriptive methods. The analysis is done through a comparison of performance of the company and the industry in order to identify if there is a link between the used compensation method and the company s under or over performance. The findings are described and eventual implications are presented at the end of the paper.
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Von, Bonde Johannes Christian. "Redress for victims of crime in South Africa: a comparison with selected Commonwealth jurisdictions." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/640.
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In terms of the Constitution every person has the right to freedom and security of the person. This includes the right to be free from all forms of violence from either public or private sources. The state is charged with the duty to protect the individual from such harm. While the Constitution refers to the protection of victims of crime in broad and general terms without indicating how these rights should be protected, it makes meticulous and detailed provision for the rights of arrested, detained and accused persons. This leads to the popular belief that the Constitution protects the criminal and not the victim, engendering public dissatisfaction with the status quo, which is amplified by the fact that South Africa’s current legal dispensation for victims of crime does not embody the requirements of ubuntu and African customary law, which the Constitution declares to be binding on South African courts. This study analyses the means that exist in South African law for the victim of crime to obtain redress for criminal acts and proposes effective avenues through which victims can obtain redress, should the existing machinery prove to be inadequate. The term restitution is used to indicate recompense obtained from the perpetrator, while the term compensation refers to recompense obtained from the state. A comparative study is conducted to ascertain how the legal position of victims of crime in South Africa compares with that of victims of crime in Great Britain, India and New Zealand, respectively. South Africa does not have a state-funded victim compensation scheme such as those which exist in most developed countries. The respective proposals of the South African Law Commission for a victim compensation scheme and revised legislation to deal with offender/victim restitution are considered critically, inter alia, in the light of the findings of the comparative study. Proposals are made regarding changes to the South African legal system to bring it in line with international developments regarding restitution and compensation to victims of crime, attention being given to the meaning, significance and implementation of the doctrine of restorative justice when dealing with the aftermath of criminal injury. In addition to a complete revision of South African legislation dealing with offender/victim restitution, this study recommends the consolidation of the Road Accident Fund and the Compensation Fund operating in terms of the Compensation for Occupational Injuries and Diseases Act. These two bodies should be amalgamated to create a unified Compensation Scheme to compensate victims of crime, as well as victims of traffic and industrial injuries. General qualifying criteria for claimants would be drafted, with specific criteria applying in cases of traffic, industrial and crime related injuries, respectively.
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Fitchen, Jonathan Michael Christopher. "A comparative survey of the legal obligations underlying Competition Law." Thesis, Anglia Ruskin University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.327469.
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Botha, Pieter. "An analysis of low tax jurisdictions as a means of increasing foreign direct investments from a South Africa point of view." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/26441.
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The purpose of this study is to analyse low tax jurisdictions as a means of attracting direct foreign investment from a South African point of view. The phenomenon of low tax rates, tax havens and foreign investment have been inextricably linked over years but have gained notoriety since efforts by the Organisation for Economic co-operation and Development (OECD), to harmonise taxation and eliminate unfair tax competition between countries and specifically so with regard to countries classified as tax havens. These efforts have been given further momentum by the recent events known as the worldwide “financial crisis” which have at least partially been blamed on practices followed by tax havens. The phenomenon of low tax rates has been identified as one measure to increase foreign direct investment (FDI) and therefore stimulate the growth of local economies. Low tax rates have been very successfully exploited by countries labeled as tax havens resulting in high economic growth for such countries. It is recognised that South Africa is in need of foreign investment and specifically fixed investment to accelerate growth and solve specific problems like the high levels of unemployment. AFRIKAANS : Die doel van hierdie studie is om ‘n ontleding uit ‘n Suid-Afrikaanse oogpunt te doen van die aanvaarding van ‘n lae koers belastingstelsel soortgelyk aan diè soos gebruik in sogenaamde belastingtoevlugsoorde. Die verskynsel van lae belastingkoerse en buitelandse investering is ‘n bewese feit maar het berugtheid verwerf sedert die pogings van die Organisation for Economic Co-operation and Development (OECD), om belastingkoerse te harmoniseer en onbillike belastingwedywering uit te skakel tussen lande en met spesifieke verwysing na lande geklassifiseer as belastingtoevlugsoorde. Hierdie pogings het verdere momentum verwerf na aanleiding van die gebeure wat bekendheid verwerf het as die wêreldwye finansiële krisis wat ten minste gedeeltelik toegeskryf is aan praktyke gevolg deur belastingtoevlugsoorde. Die praktyk van lae belastingkoerse is geïdentifiseer as een metode om buitelandse investering te stimuleer en sodoende plaaslike ekonomiese goei aan te moedig. Verskeie sogenaamde belastingtoevlugsoorde het sukses behaal deur gebruik te maak van lae belastingkoerse ten einde hoë ekonomiese groeikoerse te bewerkstellig. Suid Afrika het ‘n behoefte aan buitelandse investering en spesifiek vaste investering ten einde plaaslike groei van die ekonomie aan te moedig en sodoende probleme soos hoë werkloosheidsvlakke aan te spreek.Dissertation (MCom)--University of Pretoria, 2010.
Taxation
unrestricted
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Mujuzi, Jamil Ddamulira. "Life Imprisonment in International Criminal Tribunals and Selected African Jurisdictions - Mauritius, South Africa and Uganda." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7837_1268591893.
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The study has three major aims: To give a detailed discussion of the question of punishment and the three major theories or objectives of punishment &ndash
retribution, deterrence and rehabilitation, from a philosophical point of view
To discuss the law and jurisprudence relating to life imprisonment in the international criminal tribunals of Nuremberg, Tokyo, the Former Yugoslavia, Rwanda, International Criminal Court and the Special Court for Sierra Leone (SCSL). The emphasis will be on the theories of punishment these tribunals have stressed in sentencing offenders to life imprisonment
To discuss the history and major legal developments relating to life imprisonment in three African countries, viz, Mauritius, South Africa and Uganda. The study will also discuss: the offences that carry life imprisonment
the courts with jurisdiction to impose life imprisonment
legal representation for accused facing life imprisonment on conviction
the theories of punishment that courts have emphasised in sentencing offenders to life imprisonment
and the law and mechanisms governing the release of offenders sentenced to life imprisonment in the above three countries.
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Bewaji, Wunmi. "Insider dealing paradigm for autochthonous regulatory regimes in developing jurisdictions : A case study of Nigeria." Thesis, University of Leeds, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.530843.
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Hlophe, John Mandlakayise. "Natural justice in South Africa : a comparative survey with reference to the common law jurisdictions." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.303062.
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Hoffman, Dana M. C. "FINANCING PUBLIC SOLAR PROJECTS: CALIFORNIA PUBLIC JURISDICTIONS’ EXPERIENCES IN ACQUIRING AND FINANCING SOLAR PHOTOVOLTAIC INSTALLATIONS." DigitalCommons@CalPoly, 2013. https://digitalcommons.calpoly.edu/theses/1045.
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More efficient technologies, state laws as well as environmental, social, and political pressures have all contributed to placing solar acquisition on the agenda for California’s public entities over the last half decade. But a key question for these frequently cash-strapped jurisdictions is how to utilize public dollars and lands, and how to leverage incentives to obtain solar PVs. As an alternative to outright purchase, a promising financing option made available to jurisdictions in recent years is ownership by a third party, usually the solar company, including various forms of Power Purchase Agreements (PPA’s) and leasing. Due in part to state and federal incentives available between 2007 and 2012, these third-party provider (TPP) options have been used with increasing frequency; TPP arrangements accounted for “virtually all” larger and mid-size non-residential installations in 2008 (Sherwood 2008). A number of California’s early adopters of third-party financing have installations that have now been operational for several years. Consequently, there is a new opportunity to evaluate third-party financing effectiveness. This thesis reviews solar acquisition practices in California over the last six years, comparing financing options through document analysis and feedback from jurisdiction staff. It finds that directly buying installations has provided a slight advantage in direct savings and overall satisfaction for jurisdictions on average, but success generally depends upon the jurisdiction having secured upfront capital, usually from successfully accessing very low-interest loans or large grants. TPP projects have provided a good alternative to direct purchase, resulting in significant savings and positive reviews from jurisdictions, allowing them to invest in larger installation sizes, and to meet local policy goals or mandates. Additionally, this thesis makes observations about the limitations for installation sizing, impacts of siting on savings, tips for selecting a solar installer, the benefits of cooperative procurement arrangements, and the relative importance of existing and expired monetary incentives available for solar from 2006 through 2020.
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Kleyn, Martha Magdalena. "Intellectual property strategy : a comparative business perspective considering China, Japan, USA and certain European jurisdictions." Doctoral thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/11514.
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Includes abstract.Includes bibliographical references.
This study is limited to technology based companies and transactions, but it provides a basic overview of the changes in intellectual property laws in jurisdictions relevant to the topic of this thesis, and in particularly addresses the impact on Chinese and Japanese laws due to TRIPS and WTO.
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LIEDERBACH, JOHN CAMPBELL. "POLICING SMALL TOWNS, RURAL PLACES, AND SUBURBAN JURISDICTIONS: OFFICER ACTIVITIES, CITIZEN INTERACTIONS, AND COMMUNITY CONTEXT." University of Cincinnati / OhioLINK, 2002. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1010857873.
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Youyuenyong, Pedithep. "Comparative environmental and planning law relating to light pollution control in England and other jurisdictions." Thesis, De Montfort University, 2015. http://hdl.handle.net/2086/11434.
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The 24-hour day/night cycle naturally helps to maintain balance and stability within a nocturnal ecosystem. While the rhythms of the natural light-dark cycle of day and night are able maintain a stable balance with ecological and human-made activities in relation to the nature of lighting and darkness, light pollution still significantly reduces average human well-being, impacts on the visibility of faint night sky objects during the night with the naked eye and telescope, and damages the night environment. It can be defined as “every form of artificial light in the wrong place at the wrong time which creates a sky glow, glare, nuisance, and other relevant causes of environmental degradation including some properties of artificial light which emit non-environmentally friendly or inappropriate light.” Light pollution can reduce human health, interfere with the nocturnal and/or dark-sky environment, reduce transportation safety and waste lighting energy consumption. Therefore, hard laws and soft laws from international and national jurisdictions established a duty on local authorities to manage outdoor lights and control all key elements of light pollution so as to ensure that people are not exposed to risks to the night environment. These also include environmental risks arising from a sky glow when measuring the non-environmentally atmospheric smog that hangs over urban areas at night where the level of exterior lighting from outdoor light sources is relatively high. However, English law does not contain stage processes and responsibilities for local authorities to deal with all aspects of outdoor light pollution. It also does not contain powers concerning the use of certain measurable degrees of non-environmentally friendly light metric, together with powers for the Government to approve a single framework for the minimisation of sky glow in public atmospheric areas at night. The main purpose of this study is to use comparative law studies to better understand the strengths and weaknesses of light pollution laws in different jurisdictions where adopted legislation has been designed to limit light pollution from outdoor light fixtures and design, and to improve national or local light pollution regulatory frameworks by providing better outdoor lighting practices through making valuable contributions to a comparison of international, European, national and local light pollution laws and to the improvement of regulatory measures in English legal system. It also proposes to do so by illustrating key differences between England and other jurisdictions and examining a set of necessary or proportional regulatory standards to combat light pollution. This research’s review of the jurisdictions and the legal systems available for both light pollution control and sustainable lighting practices has highlighted the recent evidence of such influence of hard and soft law on legislation in selected countries. When comparative law on different jurisdictions is discussed, the influence of a comparative approach in each national or municipal light pollution law is, at most, one of finding inspiration in the procedure of establishing a number of necessary steps to reforming the English law of light pollution control in favour of a better solution. Taking legal action to reduce the effects of non-environmentally friendly or unnecessary lights at night provides an excellent opportunity to deliver further benefits to both environmental lighting practices and energy efficiency. This research also highlights the key legal aspects concerning light pollution and outlines the ways in which regulators and policy makers can make the most of the interconnections between regulatory measures to address key elements of outdoor light pollution, such as sky glow, glare and intrusive light. It is intended to outline a wider vision for how English law can prevent all key elements of light pollution. This research also comparatively examines why England should be committed to ensuring that the English regulatory measures compare favourably with the global and regional light pollution control standards in the highest performing jurisdictions, and establishes stringent legal requirements for light pollution control which measure up to the highest standards set internationally. In the final Chapter we present useful recommendations which highlight instances in which England should be able to promote the application of necessary principles and stage processes through comparative effectiveness for outdoor lighting practices by applying international, regional and national criteria for different forms of outdoor lighting practices.
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Lapointe, Simon. "Four Essays on Fiscal Decentralisation and Secessions." Thesis, Avignon, 2016. http://www.theses.fr/2016AVIG2054/document.
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Entre 1945 et 2008, le nombre de pays reconnus internationalement a augmenté de 74 à 193 (Spolaore, 2008). Plus récemment, plusieurs pays ont vécu une vague croissante de décentralisation. Dans les pays de l’OCDE, par exemple, le nombre de gouvernements infranationaux a atteint 140 000 en 2014. De plus, ces gouvernements infranationaux ont une influence croissante dans ces pays (OCDE, 2014). Compte tenu de ces tendances vers une décentralisation croissante, cette thèse étudie deux aspects de celle-ci : la concurrence fiscale, et le choix endogène des frontières. En matière de concurrence fiscale, cette thèse étudie la mise aux enchères de nouveaux investissements par une firme à plusieurs établissements. Le but de cette analyse est d’étudier le comportement stratégique de la firme dans ce type de concurrence. En effet, contrairement à la littérature déjà existante qui ne considère que des firmes qui ne produisent qu’en un endroit, le premier chapitre de thèse montre que la firme peut modifier l’allocation de ses investissements en les différenciant, pour attirer des subsides plus élevés. Dans le deuxième chapitre, la thèse étudie comment l’ajout de coûts en infrastructure pour les régions avant la mise aux enchères affecte la concurrence entre les régions ainsi que le comportement de la firme. En matière de choix endogène des frontières, cette thèse fournit deux analyses: une empirique, et une expérimentale. Dans le troisième chapitre, la thèse étudie la décision d’électeurs dans 213 villes du Québec de quitter une fusion municipale qui leur fût imposée quelques années auparavant. L’analyse révèle que les électeurs choisissent de faire sécession d’autant plus quand les différences de revenus et de langue entre leur ville et les autres villes dans la même fusion sont plus élevées. L’analyse révèle aussi que ces deux facteurs ne sont pas indépendants. En effet, les différences de revenus ont un effet plus prononcé sur le vote sécessionniste lorsque les différences de langue sont aussi élevées. Étant donné l’importance de la langue comme groupe ethno-linguistique au Québec, les résultats de ce chapitre suggèrent que le choix des électeurs est sensible aux différences ethniques, et non seulement à des différences de goût pour les biens publics, comme suggéré par Alesina, Baqir et Hoxby (2004). Finalement, le dernier chapitre présente les résultats d’un expérience en laboratoire sur le lien entre décentralisation et sécession. La littérature sur le sujet suggère l’existence de deux effets contradictoires. La décentralisation pourrait permettre de contrer les mouvements de sécession en permettant aux régions de prendre plus de décisions à un niveau local, mais pourrait aussi fournir des ressources supplémentaires aux mouvements sécessionnistes, ce qui renforcerait les tendances vers la séparation. Les résultats de l’expérience montre que l’effet total de la décentralisation est de diminuer la probabilité de votes pour la sécessionBetween 1945 and 2008, the number of internationally-recognised countries grew from 74 to 193 (Spolaore, 2008). More recently, many countries experienced increasing decentralisation. In OECD countries, for example, the number of sub-national governments reached 140,000 in 2014. Moreover, these sub-national governments have an increasing influence in these countries (OECD, 2014). Given these trends towards an increasing decentralisation, this thesis studies two aspects of it: fiscal competition, and the endogenous choice of borders. In terms of fiscal competition, this thesis studies the competition between regional governments to attract one of a firm's new plants. The goal of this analysis is to study the strategic behaviour of the firm in such competitions or location contests. Indeed, in contrast to the existing literature on the subject that considers only firms producing in a single location, the first chapter of this thesis shows that the firm can modify its allocation of production across sites by differentiating the plants, thus attracting larger subsidies. In the second chapter, this thesis studies how the addition of prior investment in infrastructure by the regions before the location contest affects both the competition between the regions, and the behaviour of the firm. In terms of endogenous border choice, this thesis provides two analyses: one empirical and one experimental. In the third chapter, this thesis studies the decision of voters in 213 cities of Quebec to secede from a municipal merger that was imposed to them a few years earlier. The analysis reveals that voters choose secession more when the language and income differences between their own town and the other towns in the same merger are larger. The analysis also reveals that these two effects are not independent. Indeed, income differences have a larger effect when language differences are also large. Given the importance of language differences in the formation of ethnic groups in Quebec, these results suggest that the choice of voters is sensitive to ethnic differences, and not only to differences in preferences for public goods, as suggested by Alesina, Baqir, and Hoxby (2004). Finally, the last chapter presents the results of a laboratory experiment on the relationship between decentralisation and secession. The literature on the subject suggests the existence of two opposite effects. Decentralisation could quell secessionist movements by giving regions more liberty to take their own public goods decisions, but could also provide additional ressources to secessionist movements, which would reinforce secessionist movements. The results of the experiment show that the total effect of decentralisation is to decrease to probability of votes for secession
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Niyi-Gafar, Oluwabunmi Lucy. "Adopting a human rights-based approach to access to water in Nigeria : lessons from selected jurisdictions." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/62549.
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Based on the assumption that water is a human right that the Nigerian government is obliged to fulfil, this thesis begins with a historical overview of the development of a human right to water. This description provides the background against which a human rights-based approach to water is conceptualised. I argue that the Nigerian government supports the human right to water on the international stage but has failed to maintain a legal and institutional framework that supports a human right to water domestically. A legal analysis of the current state of access to water in Nigeria shows that there are inadequate laws that contribute to the poor access to water in Nigeria. I, therefore, propose the recognition of the human right to water and the adoption of a human rights-based approach to water in Nigeria. I identify South Africa and Kenya as comparators having constitutionalised the human right to water in addition to having developed promising practices of a human rights-based approach to water with implications for Nigeria. Although past studies on access to water in Nigeria have been examined from an environmental perspective, I argue that an environmental perspective to access to water does not consider all the necessary elements, which may guarantee access to water. I address the challenges of access to water from a human rights perspective since Nigeria is a signatory to all the international instruments that recognise water as a human right. I suggest recommendations that may help realise access to domestic water in Nigeria.Thesis (LLD)--University of Pretoria, 2017.
Jurisprudence
LLD
Unrestricted
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Iguodala, Egbe. "An evaluation of corporate governance legal frameworks in Nigeria: lessons from international organisations and other jurisdictions." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20860.
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There is a global trend in the international community, within countries, and within corporate organizations for the promotion of good corporate governance practices. The aim is to foster sustainable development in countries and particularly within corporations at local, national, regional and international levels. This is because emerging reports and research seem to suggest that the effective implementation and practice of good corporate governance principles in a country promotes sustainable development and foreign direct investment, thus boosting the economy of that country. By implication it is only corporations which adopt good corporate governance practices that will achieve sustainable growth and development domestically and internationally in the competitive business environment. In Nigeria, given the fact that the practice of good governance by most corporate organizations is still a challenge, there is therefore a need for a corporate governance regulation that will serve as a baseline standard applicable to all companies registered, whether public or private. Accordingly, this thesis will be examining the existing corporate governance regulations and the newly released draft national corporate governance code in Nigeria to ascertain whether or not they address current corporate governance challenges and their compliance with international best practices.
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Kamuzze, Juliet. "Fine tuning Uganda's sentencing guideline framework : lessons from sentencing guideline systems in selected common law jurisdictions." Thesis, University of Strathclyde, 2015. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=24837.
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This study explores the different approaches that could be adopted in designing meaningful sentencing guidelines for Uganda. The study argues that the primary function of sentencing guidelines is to enable a public articulation of meaningful consistency. The study also argues that sentencing guidelines modelled on a limiting retributivism model offer the most appropriate liberal approach to achieving meaningful consistency in sentencing. The primary aim of the study is to offer an integrated set of proposals for the improvement of Uganda's sentencing guidelines and statutory sentencing framework. This is accomplished by means of a literature review and empirical analysis of guideline systems in selected common law jurisdictions as well as an analysis of Uganda's first set of voluntary sentencing guidelines. The insights drawn from the literature review and experiences in other jurisdictions assist in identifying theoretical and normative weaknesses in Uganda's sentencing guidelines and in finding an integrated set of proposals for their improvement. The study specifically focuses on how some structural features of a sentencing guideline can be designed to articulate meaningful consistency in sentencing including: the guidelines' binding nature, scaling offence seriousness, sentencing ranges, aggravating and mitigating factors, departures, the role of previous convictions and discounts for multiple offence sentencing. The recommendations made in the study are particularly intended for a Ugandan context, although the set of proposals can also find application in any jurisdiction seeking to develop sentencing guidelines. The study offers an immediate practical guide to policy makers in Uganda and will be of great and particular interest to the judicial system in Uganda.
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Amigo, Jorge. "Renewable energy in oil-intensive jurisdictions : a comparative study of wind energy growth in Texas and Alberta." Thesis, University of British Columbia, 2011. http://hdl.handle.net/2429/32123.
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The state of Texas has experienced an enormous growth in its wind energy sector in recent years. By contrast, growth in Alberta’s wind sector has remained comparatively moderate. This study seeks to explain what has caused this relative lag in wind energy development. To do so, this thesis addresses two questions: first why did two similar sub-national jurisdictions adopt very different policies for wind energy development? Second, did these policies result in asymmetric growth of wind power capacity between Texas and Alberta? On the first question, this thesis argues that a combination of decades-old policy decisions and natural resource endowments played a central role in prompting Texas legislators, but not their counterparts in Alberta, to adopt renewable energy mandates. Specifically, a shortage of coal in Texas led to an increased reliance on imported coal in the 1990s, which became a source of concern for Texas officials who had long pursued a policy of energy independence. With near unanimous support from diverse sectors and on the recommendation of state officials, Texas legislators adopted a Renewable Portfolio Standard to mandate development of alternate sources of electricity. Although Alberta also has long pursued a policy of energy independence, the province’s coal industry supplies all of the coal needed for electricity production. Therefore, with weaker incentives to pursue renewable energy and stronger reasons to protect the local coal industry, Alberta politicians have not pursued strong policies to promote renewables.
On the second question, this thesis argues that Texas benefited from both a Renewable Portfolio Standard and a generous federal tax credit for renewables. The renewables mandate served to initiate interest in wind energy by forcing utilities to produce energy from renewables, while the tax credit made wind more attractive to investors by making it more competitive with other sources of energy. In the case of Alberta, a weaker federal financial incentive together with a lack of a provincial renewables mandate has kept the wind industry from experiencing comparable growth.
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Bowbrick, Graeme. "Judicial compensation in Canada : an examination of the judicial compensation experience in selected Canadian jurisdictions 1990-2010." Thesis, University of British Columbia, 2013. http://hdl.handle.net/2429/44151.
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The issue of judicial compensation is fundamentally marked by the challenge of balancing two constitutional imperatives: judicial independence, and the ability of governments to control public expenditures. This challenge is not a new one; it first emerged in the common law world with the development of an independent judiciary and remains to this day.
In Canada, the strain between judges and governments over judicial compensation reached its apex in the mid-1990’s when government restraint measures freezing or reducing judges’ compensation were met with court challenges by provincial court judges. These challenges led to a seminal 1997 Supreme Court of Canada decision in which the Supreme Court attempted to reduce the strain in judge-government relationships by mandating a judicial compensation process (JCC) to determine all judicial compensation issues. However, the Supreme Court’s 1997 intervention was initially followed by even more judicial compensation litigation. Consequently, in a second intervention in 2005 the Supreme Court clarified the principles of the JCC process in the hope of achieving its original goal of reducing strain in judge-government judicial compensation relationships.
This thesis examines the experience with judicial compensation in six Canadian jurisdictions between 1990 and 2010. Part I sets out the historical and jurisprudential context for judicial compensation in Canada. Part II offers a detailed examination of the judicial compensation experience in five provinces (British Columbia, Alberta, Ontario, Quebec and Nova Scotia) and the federal jurisdiction from 1990-2010, with particular attention to three periods: the first period preceding the Supreme Court’s first intervention mandating JCC’s in 1997, the second period occurring after this first intervention until 2005, and the third period arising after the Supreme Court’s second intervention clarifying the JCC process in 2005. These examinations consist of constructing a judicial compensation narrative for each jurisdiction and then quantitatively measuring changes in judge-government judicial compensation relationships in the three periods.
In Part III this thesis concludes that the Supreme Court’s 1997 and 2005 interventions were ultimately followed by reduced tension in judge-government judicial compensation relationships, in marked contrast with the strain that characterized these relationships before the introduction of JCC’s in the mid-1990’s.
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Streif, Frank [Verfasser], and Christoph [Akademischer Betreuer] Spengel. "Fiscal Policy in Europe: Taxation, Debt and Direct Democracy with Multiple Jurisdictions / Frank Streif ; Betreuer: Christoph Spengel." Mannheim : Universitätsbibliothek Mannheim, 2016. http://d-nb.info/1122019521/34.
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Lee, Foong Mee, and n/a. "Remedies and sanctions against corporate officers for breaches of duties under part 3.2 of the corporations law." University of Canberra. Law, 1994. http://erl.canberra.edu.au./public/adt-AUC20050523.102418.
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The subject of sanctions and remedies against corporate officers for breaches of the
provisions in the Corporations Law is an area of the law which has been largely
neglected by the legislature. Although there have been several legislative reforms on
remedies since the Corporations Law came into force, those reforms were ad hoc in
nature and no attempt has been made to carry out a comprehensive review to assess the
effectiveness of the existing sanctions and remedies in context of the needs of
contemporary society. In consequence, there is increasing concern that the remedies
employed in Australia for breaches of the Corporations Law are inadequate, inconsistent,
out-dated and are confined within a narrow range.
This thesis seeks to evaluate the current package of sanctions and remedies provided
under Part 3.2 of the Corporations Law. As part of this exercise, comparative studies
are made with the remedies of other jurisdictions. The provisions for sanctions in Part
3.2 are measured against parallel provisions in the Crimes Act of the Commonwealth and
of New South Wales and Victoria. They are also measured against corresponding
provisions in selected foreign jurisdictions. A further comparison is made between the
traditional civil remedies under the common law and those in the Corporations Law.
The evaluation of the sanctioning regime in Part 3.2 is made against the criteria
appropriateness, adequacy, consistency and accessibility. This thesis discusses the need
for a complete re-assessment of the penalty structure to bring the remedies in line with
community expectations.
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Chilemba, Enoch MacDonnell. "The national implementation of international human rights law pertaining to children with disabilities in selected jurisdictions in Africa." Thesis, University of Western Cape, 2014. http://hdl.handle.net/11394/3775.
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Doctor Legum - LLDThis thesis considers two jurisdictions, namely Malawi and South Africa, and attributes the problem to the lack of appropriate national implementation of the applicable human rights law by these states. Consequently, the study is based on the underlying assumption that one of the main ways of addressing this problem is for African states to undertake measures that comply with international standards for ensuring the appropriate national implementation of the applicable international human rights law.